What is Bay‘ al-‘Araya (Sale of ‘Araya)?

Source: Urdu Commentary of ‘Umdat al-Ahkam from the Sayings of the Best of Mankind
Translation by: Hafiz Faizullah Nasir

✿ Definition and Context:​

Bay‘ al-‘Araya (بيع العرايا):
Refers to permitting the sale of fresh dates still on the tree in exchange for dry dates, based on estimated measure, under specific and restricted circumstances. This allowance was made as a concession for the needy who had been lent date trees or crops to benefit from the produce.

✿ Hadith No. 1: Permission for Bay‘ al-‘Araya​

Narrated by: Zayd ibn Thabit (رضي الله عنه)

“The Messenger of Allah (ﷺ) permitted the owner of ‘Araya to sell them by estimation (kharṣ) for dry dates that are eaten fresh.”

Sahih al-Bukhari, Book of Sales, Hadith: 2188
Sahih Muslim, Book of Sales, Hadith: 1539

✿ Hadith No. 2: Limiting the Quantity of ‘Araya​

Narrated by: Abu Hurairah (رضي الله عنه)

“The Messenger of Allah (ﷺ) allowed the sale of ‘Araya in the amount of five wasqs or less.”

A wasq = 60 ṣā‘, and 5 wasqs = 300 ṣā‘
Sahih al-Bukhari, Hadith: not numbered here
Sahih Muslim, Hadith: 1539

✿ Hadith No. 3: Ownership of Fruit and Slaves' Possessions​

Narrated by: Abdullah ibn Umar (رضي الله عنهما)

“If a date-palm has been pollinated and is then sold, its fruit belongs to the seller unless the buyer stipulates otherwise.”

✔ Also applies to slaves and their possessions.
Sahih al-Bukhari, Hadith: 2204
Sahih Muslim, Hadith: 1543

✿ Hadith No. 4: Sale Before Possession is Prohibited​

Narrated by: Abdullah ibn Umar (رضي الله عنهما)

“Whoever purchases foodstuff should not sell it until he takes full possession.”

✔ Same ruling reported by Ibn Abbas (رضي الله عنهما).
Sahih al-Bukhari, Hadith: 2126
Sahih Muslim, Hadiths: 1525, 1526

✿ Hadith No. 5: Selling Forbidden Items is Prohibited​

Narrated by: Jabir ibn Abdullah (رضي الله عنهما)

“Allah and His Messenger (ﷺ) forbade the sale of wine, dead animals, swine, and idols.”
When asked about the fat of dead animals used for greasing ships and lighting lamps, he replied:
“No, it is haram.” He added: “May Allah curse the Jews who melted the fat, sold it, and consumed its price.”

Sahih al-Bukhari, Hadith: 2336
Sahih Muslim, Hadith: 1581

Key Rulings Derived:

‘Araya sales are permitted as a specific exemption to the general prohibition of selling unharvested fresh produce for dry produce.
✔ The quantity limit (five wasqs or less) ensures the concession is not misused.
Ownership of produce or property remains with the original owner unless a clear condition is stipulated.
Selling before possession is not permissible in Shariah.
Transactions involving prohibited items or deceptive legal tricks (ḥiyal) are not allowed, even if the item’s form or name is changed.
 
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